The text
Sec. 98-20. - General procedure.#
(a)
Plans for the development of land within the scope of this chapter shall be drawn and submitted to the planning and zoning commission for their recommendation and to the city council for their approval or disapproval, as provided for herein.
(b)
Notwithstanding any provision of this chapter to the contrary, a developer shall not commence construction activities within the city's jurisdiction, including clearing and/or rough grading, before first obtaining all the city approvals required by this chapter.
(c)
Generally, the subdivision process is comprised of four individual steps, including the pre-application meeting, the preliminary plat, construction plans, and the final plat. Each step of the development process has established deadlines and expirations that must be met in order for the application and any approval(s) granted to remain valid, in effect and eligible to continue to the next step of, or to complete, the development process. Compliance with each such established deadline constitutes a separate required performance and approval. In the case of minor plats/replats, vacating plats and amending plats, only a final plat is required to be submitted.
(d)
The requested plat or plan shall be considered filed on the date of receipt of the application. This approval will expire on or after the 45th day after the date the application is filed if:
(1)
The applicant fails to provide documents or other information necessary to comply with the city's technical requirements relating to the form and content of the application.
(2)
The city provides to the applicant not later than the 10th business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided.
(3)
The applicant fails to provide the specified documents or other information within the time provided in the notice.
(e)
The Director is authorized to approve minor plats, but may, for any reason, elect to present the plat to the planning and zoning commission for approval. However, the director shall not disapprove the plat and shall be required to refer those which he refuses to approve to the planning and zoning commission.
(f)
No final plat or construction plans shall be accepted until the preliminary plat has been approved as provided in section 98-22.
(g)
All submittals requiring notice to neighboring properties must include a list of the names and addresses of all property owners within the required distance and a preprinted mailing label for each.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-21. - Pre-application procedure.#
(a)
The developer or the developer's authorized agent(s) may meet with the city planning department staff prior to submitting the required subdivision application packet. The purpose of this meeting is to discuss the requirements of these regulations, to familiarize the developer with the applicable goals and objectives of the city's comprehensive plan and the governing body, to identify policies which create opportunities and pose significant constraints for the proposed development, and to discuss the proposed subdivision in relation to these matters.
(b)
The Director may notify the developer of the option of concurrent review of the subdivision by local government and any other appropriate reviewing entity, including but not limited to TxDOT, Central Texas Groundwater District, and Burnet County.
(c)
The developer shall provide a concept plan of the proposed subdivision for review and discussion. This concept plan shall be legibly drawn and show in simple form the layout of the proposed features in relation to existing site conditions. This concept plan may be a rough draft of the proposed preliminary plat, including the scale dimensions. Include the following information in this plan:
(1)
Approximate locations of lot and tract boundaries, utility lines and facilities, easements, rights-of-way, existing structures and improvements, and parks and open space.
(2)
General description of the terrain and of all natural features, e.g., streams and lakes.
(3)
Proposed public improvements.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-22. - Preliminary plat.#
(a)
Purpose. The preliminary plat provides detailed graphic information and associated text indicating property boundaries, easements, land use, streets, utilities, drainage, and other information required to evaluate proposed subdivisions of land. A preliminary plat shall be required for any subdivision of land, except as otherwise provided for in this chapter.
(b)
Format. One Mylar copy of the preliminary plat shall be provided and drawn on 18-inch by 24-inch sheet(s) at a scale of one-inch equals 100 feet with all dimensions labeled accurately to the nearest foot. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at a scale of one-inch equals 400 feet shall be attached to the plat.
(c)
Representation of plat. The developer and/or his agent is encouraged to attend the public hearings during which the subdivision application is to be considered. The planning and zoning commission may deny the request if the application is not represented by the developer and/or his agent and city staff does not have the information required to satisfy questions raised by commission members.
(d)
Content. The preliminary plat shall include all of the land intended to be developed and any off-site improvements required to accommodate the project. If the subdivision is to be developed in phases, each phase shall be identified on the preliminary plat. The preliminary plat shall contain or have attached thereto:
(1)
General information.
a.
Name, address and phone numbers of the developer, record owner, and authorized agents (engineer, land planner, etc.).
b.
The proposed name of the subdivision, which shall not have the same spelling or be pronounced similarly to the name of any other subdivision located within the city or within the extraterritorial jurisdiction of the city, provided however that use of the same base names for different sections or phases is required when the units are contiguous with their namesakes and individually identified by a section or phase number.
c.
The date, scale, and north indicator.
d.
A location map showing the relation of the subdivision to streets and other prominent features in all directions for a radius of at least one-mile using a scale of one-inch equals 2,000 feet or as approved by city staff. The latest edition of the USGS 7.5 minute quadrangle map is recommended.
e.
The owner's name, deed or plat reference and property lines of property within 300 feet of the subdivision boundaries as determined by the most recent tax rolls.
f.
Certification and signature blocks as required by the city and the county. The Director will sign the preliminary plat showing that the plat is the document approved by the city council.
g.
The total acreage of the property to be subdivided and the subtotals by land use.
h.
A closure run sheet demonstrating an adjusted mathematical closure is in compliance with "The Texas Board of Professional Land Surveying General Rules of Practice."
i.
Developers who elect to phase in sections of a subdivision project shall provide a phasing plan for the entire land area encompassed within the subdivision for review and approval in conjunction with the plat. Subsequent changes to the phasing may be approved by the Director, after review by the city engineer, without being considered by the planning and zoning commission or city council.
(2)
Existing conditions.
a.
The existing property lines, including bearings and distances, of the land being subdivided. Property lines shall be drawn sufficiently wide to provide easy identification.
b.
The location of existing water courses, dry creek beds, wells, sinkholes and other similar topographic features.
c.
Significant trees, within the boundaries of the subdivision and of eight-inch caliper and larger, shall be shown accurately to the nearest one-foot. Critical root zones of these trees shall also be shown. Trees may be shown utilizing a separate aerial view of the proposed area to be subdivided.
d.
Centerline of water courses, creeks, existing drainage structures and other pertinent data shall be shown.
e.
Areas subject to flooding shall be shown, delineating the regulatory 100-year floodplain, annotating the base flood elevation (BFE), and any other floodplains identified in the FIRM maps as developed by FEMA. If neither encroaches upon the subject property, a note to that effect must be placed upon the drawing.
f.
Topographic data indicating two-foot contour intervals for slopes less than ten percent and five-foot contour intervals for slopes exceeding ten percent. The contoured area shall extend outward from the property boundary for a distance equal to 25 percent of the distance across the tract, but not fewer than 50 feet nor more than 200 feet.
g.
The locations, sizes and descriptions of all existing utilities, including but not limited to wastewater lines, lift stations, wastewater and storm sewer manholes, water lines, water storage tanks, and wells within the subdivision, and/or adjacent thereto.
h.
The location, dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, railroads, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing deed and plat records.
The existing right-of-way width of any boundary street to the proposed subdivision shall also be shown.
i.
The location of city limit lines and/or outer border of the city's extraterritorial jurisdiction, as depicted on the city's most recent base map, if either traverses the subdivision or is contiguous to the subdivision boundary.
(3)
Improvements.
a.
The location, size and description of any proposed drainage appurtenances, including storm sewers, detention ponds and other drainage structures proposed to be constructed on and off the site, and designed in accordance with the requirements of this and other applicable ordinances or laws.
b.
The developer shall include a copy of the complete application for flood plain map amendment or revision, as required by the federal emergency management agency (FEMA), if applicable.
c.
The location, dimensions, names and descriptions of all proposed streets, alleys, parks, open spaces, blocks, lots, reservations, easements, driveways and rights-of-way; and areas within the subdivision indicating the connection to or continuation of other improvements in adjacent subdivisions.
d.
Numbers to identify each lot and each block.
e.
The lengths of each proposed property line of all lots. The area of each lot shall be provided.
f.
Roadway alignment shall be such that it mirror the contour of the land by:
1.
Reducing the amount of cut and fill.
2.
Removing the need for lift stations or pump stations, additional water pressure planes, deeper than 10' wastewater lines, and wastewater pressure systems.
3.
Minimizes the number of detention or water quality ponds.
4.
Prohibit the use of knuckles or corridor/right of way centerline bends less than 300' radius.
g.
Significant trees to remain during construction showing the critical root zones as solid circles, and significant trees designated to be removed showing the critical root zones as dashed circles utilizing a separate aerial view of the area to be subdivided.
h.
The developer shall be responsible for providing replacement trees as shown in the application submittal documents based on a replacement ratio (inches removed to inches planted) of:
1.
One to two for significant trees 18 inches in caliper and larger, and
2.
One to one for significant trees between eight and 18 [inches] in caliper.
3.
Replacement trees shall not be required for the removal of trees smaller than eight inches in caliper. The removal of significant trees larger than 18 inches in caliper shall require commission approval.
i.
Developer shall contact the postmaster for the U.S. Postal Service in the city to discuss requirements for the delivery of mail to residents of the subdivision and any other requirements they may have.
1.
Mail kiosk must be located such that parked vehicles and mail delivery does not inhibit travel lane.
2.
Mail kiosk locations must be lit adequately (solar lighting is allowed).
3.
Additional not less than 10' of right of way dedication is required from kiosk improvements to the Right of Way line.
(4)
Support documents.
a.
A drainage study, consisting of a drainage area map with contours, location and capacities of existing and proposed drainage features, and calculations in accordance with this chapter and good engineering practices, shall be provided to ensure the property will be developed in accordance with city drainage policies and L.C.R.A. regulatory requirements.
b.
Utility demand data, utility depth elevations at key locations, consistent with the proposed uses indicated on the preliminary plat, to determine the adequacy and the consistency of proposed utility improvements.
c.
If a subdivision is located in an area served by any utility other than the city, the developer shall furnish a letter from such utility certifying their approval of the location of the utility easements shown on the plat and indicating the utility's intent to serve the property.
d.
A traffic impact statement, except if the City Engineer determines otherwise.
e.
A Traffic impact analysis, if the development is projected to generate more than 1,000 daily trips or 100 peak hour trips, based on the latest edition of the ITE Trip Generation Manual.
(5)
Accuracy of data. The applicant shall be responsible for verifying the accuracy of all data submitted, including that which might be obtained from the city, excepting that data which can only be obtained from the city.
(e)
Procedure. A preliminary plat for any proposed subdivision of land shall be submitted to the city planning department for commission review and subsequent city council approval.
(1)
Legible prints, as indicated on the application form, shall be submitted at least 30 days prior to the regular meeting of the commission at which the preliminary plat is to be heard, along with the following:
a.
Completed application forms and the payment of all applicable fees.
b.
A summary letter stating briefly the type of street surfacing, drainage, electrical, water and wastewater facilities proposed.
c.
A petition requesting annexation, if applicable.
d.
A letter requesting any variances from the provisions of this chapter with the payment of any administrative fees.
e.
Any attendant documents needed to supplement the information provided on the preliminary plat.
(2)
City staff shall review all preliminary plat submittals for administrative completeness at the time of application. If, in the judgment of city staff, the preliminary plat submittal substantially fails to meet the minimal informational requirements as outlined above, it will not be accepted for review and the preliminary plat shall be deemed rejected. The developer shall have up to 60 days from the date the preliminary plat is deemed denied to remedy all deficiencies or the preliminary plat shall be rejected for filing and new filing fees will be required for subsequent submittals.
(3)
Prior to the commission meeting at which the preliminary plat is presented, city staff shall review the plat for consistency with city ordinances, codes, policies and plans.
(4)
After the preliminary plat is determined to be administratively complete, city staff shall prepare a report analyzing the preliminary plat submittal, and recommending either the approval, disapproval or conditional approval of the preliminary plat. This report shall be available at least five working days prior to the commission meeting.
(5)
If the developer chooses to withdraw the preliminary plat, in writing, by noon of the third working day preceding the meeting, the submittal may appear on the next commission or council agenda, as applicable, after repayment of the applicable fees if notices of public hearing are required or more than 60 days elapse between the voluntary withdrawal of the preliminary plat and the commission or council agenda for which the preliminary plat was ready for consideration.
(f)
Notification.
(1)
Except as provided in subsection (2), immediately below, notice of the commission's consideration of a preliminary plat application or preliminary replat application shall comply with the Texas Open Meeting Act.
(2)
Notification of commission consideration of an application to replat property zoned within the preceding five years as single family/duplex residential shall comply with the public notice/hearing requirements of V.T.C.A. Local Government Code § 212.015.
(g)
Approval. The commission shall make a recommendation to the city council on the preliminary plat application. The plat will be considered at the next regularly scheduled public hearing of the city council.
(1)
The commission shall act within 30 days of the preliminary plat filing date to either recommend approval, denial or modification to the application. Failure of the commission to act within the 30 days shall be deemed an approval of the plat, except as otherwise agreed to by the developer. Plans that are disapproved as submitted may be resubmitted without charge within 60 days of disapproval with additional fees being assessed. The city council shall act within 30 days of the approval or inaction of the application by the commission. A plat is considered approved by the city council unless it is disapproved within that period.
(2)
Zoning of the tract, if applicable, that shall permit the uses proposed by the preliminary plat, or any zoning amendment necessary to permit the proposed uses shall have been adopted prior to or concurrently with the approval of the preliminary plat by the council.
(3)
Approval of the preliminary plat shall not constitute approval of the final plat, but shall constitute a vesting of the right to develop under city ordinances, codes and policies in effect on the date the requested permit is filed, provided that neither the preliminary plat nor any subsequent plat or permit has been, or is, allowed to expire.
(4)
The developer may elect to phase the subdivision project.
(5)
The developer should be aware that specific approvals from other agencies may be required.
(6)
Upon approval of the preliminary plat and all signatures having been executed, the developer shall furnish one Mylar reproducible copy of the approved plat to be kept on file at the city as public record.
(h)
Expiration.
(1)
The approval of the preliminary plat or any subsequent plan or plat shall expire no earlier than the 5th anniversary of the date the first permit application was filed if no progress has been made towards completion of the project or;
a.
An extension is granted by the commission in accordance with this chapter.
(2)
If a preliminary plat expires, it may be reinstated only upon resubmittal of the unaltered, approved plat to the commission and council and the approval by both bodies. All fees shall be repaid as if the plat were initially being submitted.
(i)
Extension. The developer may apply for an extension, in writing, prior to the 5th anniversary of the first permit application filing date, stating reasons for needing the extension and demonstrating pursuit of approvals for construction plans and/or final plat in accordance with this chapter. Upon receipt of this written request, the commission may, at its discretion, grant up to a two-year extension so long as the preliminary plat remains consistent with the master plan and/or ordinances of the city.
(j)
Revision. If a revision to a previously approved preliminary plat is required, then no application for final plat shall be accepted until the revised preliminary plat has been submitted and approved by the commission. This signed, approved document shall be kept on file as public record in the offices of the city.
(k)
Responsibility. Notwithstanding the approval of any preliminary plat by the council or commission or the city engineer, the developer and the engineer that prepares and submits such plats shall be and remain responsible for the adequacy of the design and nothing in this chapter shall be deemed or construed to relieve or waive the responsibility of the developer or his/her engineer for or with respect to any plat submitted.
(l)
Unlawful to record. It shall be unlawful to cause to be recorded, any preliminary plat of land within the city limits or extraterritorial jurisdiction of the city, with the county clerk and recorder's office.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-23. - Construction plans.#
(a)
Purpose. Construction plans, based upon the approved preliminary plat, and consisting of detailed specifications and diagrams illustrating the location, design, and composition of all improvements identified in the preliminary plat phase and required by this chapter and other applicable city ordinances, codes and policies, shall be submitted to the city for approval. In addition, any project that necessitates the construction, reconstruction or modification of existing city infrastructure shall also be submitted to the city for approval. The plans shall be kept by the city as a permanent record of required improvements in order to:
(1)
Provide better records that facilitate the operation and maintenance of, and any future modifications to existing city infrastructure.
(2)
Provide data for evaluation of materials, methods of construction and design.
(3)
Upon completion of field construction, the developer/owner shall furnish the city planning department one complete set of construction plans in an electronic format acceptable to the city that show all subdivision infrastructure "as-built". A paper copy of the "as-built" may be submitted if prior approval of the city has been obtained. All infrastructure shall be located in the state plane grid coordinates with surface elevations.
(4)
No final plat shall be certified by the city, and no construction activities shall commence, until such time as construction plans completely describing the on-site and off-site improvements required by this chapter and other applicable city ordinances and codes, have been approved by the city engineer.
(5)
Design drawings may serve as a lasting record of the City's infrastructure and thus shall follow the drafting standards provided by the City Engineer.
(b)
Format. Drawings shall be on 22-inch by 34-inch sheets at generally accepted horizontal and vertical engineering scales.
(c)
Content. Construction plans shall include all on and off-site improvements required to serve the proposed development as indicated on the approved preliminary plat and in compliance with applicable ordinances, codes, standards and policies of the city, and other applicable governmental entities. All construction plans shall be signed and sealed by a registered professional engineer, licensed to practice in the state, and shall contain or have attached thereto:
(1)
Cover sheet.
a.
The appropriate project name, date, and the name, addresses and phone numbers of the developer, engineer and surveyor, etc.
b.
A location map showing the relation of the subdivision to streets and other prominent features in all directions for a radius of at least one-mile using a scale of one-inch equals 2,000 feet. The latest edition of the USGS 7.5 minute quadrangle map is recommended.
(2)
Street and roadway systems.
a.
The horizontal layouts and alignments showing geometric data and other pertinent design details. The horizontal layout shall also show the direction of storm water flow and the location of manholes, inlets and special structures;
b.
Vertical layouts and alignments showing existing and proposed center line, right and left right-of-way line elevations along each proposed roadway. Vertical layouts shall include driveway profiles with elevation point information at the edge of roadway pavement, at the right-of-way line, and at any proposed sidewalk edges to verify sidewalk crossings meet the required 2% cross slope.
c.
Typical right-of-way cross sections showing pertinent design details and elevations as prescribed in the city TCSS;
d.
Typical paving sections showing right-of-way width, lane widths, median widths, shoulder widths, and pavement recommendations; and
e.
Attendant documents containing any additional information required to evaluate the proposed roadway improvements, including geotechnical information.
(3)
Drainage improvements.
a.
Detailed design of all drainage facilities as indicated in the preliminary plat phase, including typical channel or paving section, storm sewers and other storm water control facilities in compliance with the regulatory requirements of the city drainage criteria manual.
b.
Typical channel cross-sections, plan and profile drawings of every conduit/channel shall be shown.
c.
Existing and proposed topographic conditions indicating two-foot contour intervals for slopes less than ten percent, five-foot contour intervals for slopes exceeding ten percent and referenced to a United States geological survey or coastal and geodetic survey bench mark or monument.
d.
Attendant documents containing design computations in accordance with this chapter, and any additional information required to evaluate the proposed drainage improvements.
e.
A copy of the complete application for flood plain map amendment or revision, as required by the federal emergency management agency (FEMA), if applicable.
(4)
Erosion and sedimentation controls.
a.
Proposed fill or other structure elevating techniques, levees, channel modifications and detention facilities.
b.
Existing and proposed topographic conditions with vertical intervals not greater than one-foot referenced to a United States geological survey or coastal and geodetic survey bench mark or monument.
c.
The location, size, and character of all temporary and permanent erosion and sediment control facilities with specifications detailing all on-site erosion control measures which will be established and maintained during all periods of development and construction.
d.
Contractor staging areas, vehicle access areas, temporary and permanent spoils storage areas.
e.
A plan for restoration or the mitigation of erosion in all areas disturbed during construction.
f.
Estimate of permanent erosion control for all disturbed areas and corresponding fiscal surety, prior to permitting or starting construction (whichever one is sooner), to warranty permanent erosion control and ground coverage is implemented should construction activities cease for a period of 4 months or more. Fiscal surety shall be based on approved engineer's estimate of permanent erosion control costs.
(5)
Water distribution systems.
a.
The layout, size and specific location of the existing and proposed water mains, pump stations, storage tanks and other related structures sufficient to serve the proposed land uses and development as identified in the preliminary plat phase and in accordance with the city technical construction standards and specifications.
b.
The existing and proposed location of fire hydrants, valves, motors and other fittings.
c.
Design details showing the connection with the existing city water system.
d.
The specific location and size of all water service connections for each individual lot.
e.
Attendant documents containing any additional information required to evaluate the proposed water distribution system.
(6)
Wastewater collection systems.
a.
The layout, size and specific location of the existing and proposed wastewater lines, manholes, lift stations, and other related structures sufficient to serve the land uses and development as identified in the preliminary plat phase, in accordance with all current city technical construction standards and specifications, and criteria for construction of wastewater systems.
b.
Plan and profile drawings for each line in public rights-of-way or public utility easements, showing existing ground level elevation at center line of pipe, pipe size and flow line elevation at all bends, drops, turns, and station numbers at SO-foot intervals.
c.
Design details for manholes and special structures. Flow line elevations shall be shown at every point where the line enters or leaves the manholes.
d.
Detailed design for lift stations, package plants or other special wastewater structures.
e.
Attendant documents containing any additional information required to evaluate the proposed wastewater system, and complete an application for Texas Commission on Environment Quality (TCEQ) approval.
(7)
Street lighting. The location, size, type and description of street lights according to the requirements of the city TCSS.
(8)
Street signs. The location, size, type and description of street signs according to the requirements of the city TCSS.
(9)
Sidewalks. The location, size and type of sidewalks and pedestrian ramps according to the requirements of the city TCSS.
(10)
Improvements for parks and other public and common areas. As identified and/or approved on the preliminary plat.
(11)
[Location, size and description.] The location, size and description of all significant trees (to remain and to be removed), and replacement trees to meet the requirements of this chapter may be shown utilizing a separate aerial view of the area to be subdivided.
(12)
Landscaping and screening. The location, size and description of all landscaping and screening materials to be used in common areas as required by this chapter.
(13)
Design criteria. Final design criteria, reports, calculations, and all other related computations, if not previously submitted with the preliminary plat.
(14)
Cost estimates. A cost estimate of each required improvement, prepared, signed and sealed by a professional engineer licensed to practice in the state.
(15)
Electric Design. The applicant shall pay the full cost of the City's third-party engineer's fees such that design is complete and approved by the city prior to starting construction.
(d)
Procedure. After all necessary approvals of the preliminary plat have been granted, construction plans, together with a completed application form, administrative fees, and any other federal, state or local permits required prior to construction (L.C.R.A. NPS permit, SWPPP, etc.) shall be submitted to the city engineer for approval subject to the following:
(1)
Construction plans may be submitted for review and approval simultaneously with a final plat, provided however that the final plat shall not be approved until the construction plans have been approved. If the construction plans and the final plat are to be reviewed simultaneously, a complete application for construction plans and a complete application for final plat must be submitted to the city simultaneously.
(2)
City staff shall review all construction plan submittals for administrative completeness at the time of application. If in the judgment of the city, the construction plan submittal substantially fails to meet the minimal informational requirements as outlined above, it will not be accepted for review and the construction plan shall be deemed rejected. The developer shall have up to 60 days from the date the construction plan is deemed denied to remedy all deficiencies or the construction plan shall be rejected for filing and new filing fees will be required for subsequent submittals.
(3)
The City Engineer shall review the construction plans to ensure compliance with this chapter, and other applicable city ordinances, codes, standards and specifications, and good engineering practices.
(4)
The City Engineer, and/or his/her designee, shall inspect all required improvements to ensure compliance with City requirements and approved construction plans. Inspections mandated under this section shall be at the applicant's expense. An inspection fee, in the amount of $450.00 per lot, must be paid prior to the approval of the construction plans.
(e)
Approval. Within 30 days of the date on which all required information has been accepted for review, the city engineer shall either approve or disapprove the construction plans.
(1)
If the construction plans are disapproved, the city engineer shall notify the applicant, in writing, of disapproval and indicate the requirements for bringing the construction plans into compliance.
(2)
If construction plans are approved, then the city engineer shall sign and seal the cover sheet of the construction plans, and return the signed copy to the planning department for city records.
(3)
The developer should be aware that specific approvals from other agencies may be required.
(4)
All improvements shown in the approved construction plans shall be constructed pursuant to and in compliance with the approved plans, except as otherwise specifically approved.
(f)
Revision. Where it becomes necessary, due to conflicts, omissions or other unforeseen circumstances, for corrections to be made to construction plans for which approval has already been obtained, the city engineer shall have the authority to approve such corrections when, in his/her opinion, such changes are warranted and also in conformance with city requirements. Approval of such changes agreed to between the developer and city engineer shall be noted by initialing and dating by both parties on the two original signed copies of the construction plans. Significant changes, as determined by the city engineer, shall require the submittal of a change sheet that depicts the changes to be submitted to the city engineer for review and approval.
(g)
Expiration. Approved Construction Plans shall expire two years from the date of approval; or if construction ceases for more than 30 days, six months from the date of the last verified inspection by the City Engineer, whichever is greater. However, in no case shall the plans be valid for more than three years after the date of approval.
(h)
Responsibility. Notwithstanding the approval of any construction plans by the council, commission or the city engineer, the developer and the engineer that prepares and submits such plans and specifications shall be and remain responsible for the adequacy of the design of all such improvements; and nothing in this chapter shall be deemed or construed to relieve or waive the responsibility of the developer or his/her engineer for or with respect to any design, plans and specifications submitted.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-24. - Final plat.#
(a)
Purpose. The final plat provides detailed graphic information and associated text indicating property boundaries, easements, streets, utilities, drainage, and other information required for the maintenance of public records of the subdivision of land.
(1)
A final plat shall be required for all subdivisions of land.
(2)
The final plat shall conform to the approved construction plans and approved preliminary plat.
(b)
Format. Two copies of the final plat shall be provided and drawn on 18-inch by 24-inch Mylar sheets at a scale of one-inch equals 100 feet with all dimensions labeled accurately to the nearest one hundredth of a foot. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at a scale of one-inch equals 400 feet shall be attached to the plat.
(c)
Content. The final plat shall include the entire tract intended to be developed at one time, and shall contain or have attached thereto:
(1)
General information.
a.
The proposed name of the subdivision, which shall not have the same spelling or be pronounced similarly to the name of any other subdivision located within the city or within the extraterritorial jurisdiction of the city; provided however, that use of the same base names for different sections or phases is required when the units are contiguous with their namesakes and individually identified by a section number.
b.
The date, scale, north point, addresses of the owner of record, developer, registered public surveyor, and registered professional engineer if required, platting the tract. The engineer and surveyor shall affix their seals to the plat in conjunction with the signing of the certification requirements.
c.
A location (index) map showing the relation of the subdivision to streets and other prominent features in all directions for a radius of at least one-mile using a scale of one-inch equals 2,000 feet or as approved by City staff. The latest edition of the USGS 7.5 minute quadrangle map is recommended.
d.
Identification and location of proposed uses and reservations for all lots within the subdivision.
e.
The owner's names and the property lines of property within 300 feet of the subdivision boundary, together with the respective plat or deed references as determined by the most recent tax rolls.
f.
Certification, signature and revision blocks, as required by the city and county, including but not limited to the following: the Director, the surveyor, engineer, property owner. Planning and zoning commission chair, mayor and city secretary.
g.
Groundwater certification. The certifications found in this subsection are not required if the property will be served by the city water system.
1.
Adequacy of supply. Certification shall be required from a registered professional engineer, and approval by TCEQ (if applicable), that water satisfactory for human consumption is available in adequate supply at the time of submission. This requirement may be waived for a short form plat application upon the request of the short form plat applicant and the addition of a plat note on said short form plat that reads as follows:
The quality or quantity of an available water source has not been verified by a registered professional engineer or geoscientist.
2.
Groundwater district acknowledgment. An acknowledgement shall be placed on the final plat, signed by an authorized agent of the groundwater district and reading substantially similar to the following: "I INSERT NAME, HAVE REVIEWED THE PLAT ON BEHALF OF THE CENTRAL TEXAS GROUNDWATER CONSERVATION DISTRICT. DRILLING OPERATIONS FOR WATER WELLS ON ANY OF THE LOTS, PARCELS OR TRACTS SHOWN HEREON SHALL NOT COMMENCE UNTIL PROPER AUTHORIZATION IS ISSUED BY THE CENTRAL TEXAS GROUNDWATER CONSERVATION DISTRICT."
h.
Lot area, width and depth, public utility and drainage easements shall conform to the requirements as established for the designated land use.
i.
All variances approved by the commission shall appear as a note on the final plat.
j.
Where new streets are being created and named, the applicant must have documentation from the city building official's office demonstrating that the street names proposed on the final plat are not duplicated within the county.
k.
The boundaries of all drainage easements and the 100-year floodplain and designated floodway. If the subdivision or a portion thereof is in a flood-prone area, the developer will be required to comply with the provisions of the city's floodplain management ordinances. This information must be certified by a registered professional engineer with the following statement on the final plat:
"The fully developed, concentrated storm water runoff resulting from the 100-year frequency storm is contained within the drainage easements shown and/or public rights-of-way dedicated by this plat."
l.
On each buildable lot situated in a designated flood hazard area, the required base flood elevation (BFE) shall be indicated.
(2)
Existing conditions.
a.
The existing property lines, including bearings and distances, of the land being subdivided. Property lines shall be drawn sufficiently wide to provide easy identification.
b.
The location, dimensions, names and descriptions of all existing and recorded streets, alleys, reservations, railroads, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries, as determined from current deed and plat records. The existing right-of-way width of any boundary street to the proposed subdivision shall also be shown. Existing easements may have to be abandoned prior to approval of the final plat.
c.
Location of city limit lines and/or outer border of the city's extraterritorial jurisdiction, as depicted on the city's most recent base map, if either such line traverses the subdivision or is contiguous to the subdivision boundary.
(3)
Survey control information.
a.
All subdivisions shall be drawn at Texas Central State Plane Grid NAO 83' and scaled to surface values based on an origination point of x, y, z = 0, 0, 0. The scale factor used shall be clearly marked on the face of the plat. An electronic copy of the plat shall be provided to the city at Texas Central State Plane Grid NAO 83' and at surface values. All rights-of-way and easements shall be based on surface values. A bench mark shall be placed within the subdivision with elevations based on NGVO 88.
b.
The description and location of all permanent monuments or benchmarks, standard monuments, survey control points and lot pins.
c.
Suitable primary control points to which all dimensions, bearings and similar data shall be referenced. At least one corner of the subdivision shall be located with respect to a corner of the original survey of which it is a part.
d.
Sufficient data shall be shown on closure sheets for each lot to prove mathematical closure.
(4)
Improvements.
a.
The location, bearings, distances, widths, purposes and approved names of proposed streets, alleys, easements and rights-of-way to be dedicated to public use.
b.
Streets. Provide complete curve data (delta, arc length, radius, long chord with bearing} between all lot corner pins.
c.
Water courses and easements. Provide distances to be provided along the side lot lines from the right-of-way line or the high bank of a stream. Traverse line to be provided along the edge of all major waterways in a convenient location, preferably along a utility easement if paralleling the drainage easement or stream.
d.
The property lines and number designations of all proposed lots and blocks, with complete bearings, distances and dimensions for front, rear and side lot lines. The surveyor shall certify that all lots meet the city's minimum requirements set forth herein.
e.
The use, property dimensions, names and boundary lines of all special reservations to be dedicated for public use, including sites for schools, churches, parks and open spaces; common ownership; or subsequent development.
f.
The descriptions of all required easements within the subdivision, intersecting, or contiguous with its boundaries or forming such boundaries.
g.
The proposed location of sidewalks for each street, to be shown as a dotted line inside the proposed right-of-way lines.
(5)
Support documents. The following supporting documents must accompany the final plat:
a.
Developer shall include a copy of the approved application for flood plain map amendment or revision, as required by the federal emergency management agency (FEMA), if applicable.
b.
If a subdivision is located in an area served by any utility other than the city, the developer shall furnish a letter from such utility certifying their approval of the location of the utility easements shown on the plat and indicating the utility's intent to serve the property, except that said letters are not required if the easements conform to those approved on the preliminary plat.
c.
If the construction of all improvements needed to serve the subdivision is not completed prior to the filing of the plat for recordation then the developer must provide financial assurance for the completion of the remainder of those improvements in accordance with this chapter.
d.
The developer, or contractor, to submit electronic record drawings (PDF and CAD format) to the City within 30 days of project completion. Record drawings shall reflect any changes or completed construction that differs from City approved drawings.
(6)
The applicant shall be responsible for verifying the accuracy of all data submitted.
(d)
Procedure. After approval of the preliminary plat and construction plans for a proposed subdivision, a final plat for that subdivision shall be submitted to the city for consideration by the planning and zoning commission and a final determination of approval or disapproval before recordation.
(1)
A final plat may be submitted for review and approval simultaneously with construction plans, provided however that the final plat shall not be approved until the construction plans have been approved. If the final plat and construction plans are to be reviewed simultaneously, a complete application for final plat and a complete application for construction plans must be submitted and all fees paid to the city simultaneously.
(2)
Legible prints, as indicated on the application form, shall be submitted at least 30 days prior to the regular meeting of the commission at which the final plat is to be heard, along with the following:
a.
Completed application forms and the payment of all applicable fees.
b.
Any materials or documents required by the commission and/or council as a condition of preliminary plat approval.
c.
A letter requesting any variances from the provisions of this chapter, if not previously approved as part of the preliminary plat, and posted pursuant to the requirements this chapter. All administrative fees required shall be submitted for each variance requested.
d.
Two copies of the deed restrictions or covenants, if such documents are to be used. These shall be filed for record in conjunction with the filing of the final plat.
e.
Certification from all applicable taxing authorities that all taxes due on the property have been paid.
f.
Performance and maintenance guarantees as required by the city.
g.
Any attendant documents needed to supplement the information provided on the final plat.
(3)
For projects located within the Lower Colorado River Authority's jurisdiction, one additional copy of the above referenced items must be provided to the L.C.R.A. for compliance with the L.C.R.A. water quality management regulations. The applicant shall be responsible for any additional information required by the L.C.R.A. for the necessary approvals.
(4)
City staff shall review all final plat submittals for administrative completeness at the time of application. If, in the judgment of city staff, the final plat submittal substantially fails to meet the minimal informational requirements as outlined above, it will not be accepted for review and the final plat shall be deemed rejected. The developer shall have up to 60 days from the date the final plat is deemed rejected to remedy all deficiencies or it shall be rejected for filing and new filing fees will be required for subsequent submittals.
(5)
Prior to the commission meeting at which the final plat is presented, city staff shall review the plat for consistency with city codes, policies and plans.
(6)
After the final plat is determined to be administratively complete, city staff shall prepare a report analyzing the final plat submittal, as well as any comments received concerning the preliminary plat, and recommending either approval or disapproval of the final plat. This report shall be available at least five working days prior to the commission meeting.
(7)
If the developer chooses to withdraw the final plat, in writing, by noon of the third working day preceding the meeting of the commission, the submittal may appear on the next commission or council agenda, as applicable, after repayment of the applicable fees if notices of public hearing are required or more than 60 days elapse between the voluntary withdrawal of the final plat and commission or council agenda for which the final plat was ready for consideration.
(e)
Notification. Public notification of final plats filed as part of an approved preliminary plat shall not be required.
(f)
Approval. The city council, after a public hearing at which the city planning and zoning commission makes a recommendation, shall act on the request for final plat approval.
(1)
The failure of the commission to act within 30 days of the final plat filing date shall be deemed an approval of the plat, except as otherwise agreed to by the developer. Plats that are disapproved as submitted may be resubmitted without charge within 60 days of disapproval with corrections.
(2)
For final plats submitted simultaneously with the construction plans, the failure of the commission to act within 30 days of the later of the filing date or the construction plan approval date shall be deemed an approval of the final plat, except as otherwise agreed to by the developer.
(3)
The developer shall begin construction of the required public improvements or file a financial surety instrument for the improvements prior to the 5th anniversary of the original permit (preliminary plat) filing date. If no progress is made towards completion of the project before this date, the project shall be determined to be expired.
(4)
Zoning of the tract, if applicable, that shall permit the proposed use, or any pending zoning amendment necessary to permit the proposed use shall have been adopted by the council prior to approval of the final plat.
(5)
The developer should be aware that specific approvals from other agencies may be required.
(6)
The city engineer and developer's engineer must certify that the design standards of article III have been complied with and that the development and improvements meet sound engineering practices, as well as having been constructed as shown on the approved construction plans. These "as-builts" shall be submitted either in an electronic format acceptable to the city or, if previously approved by city staff, on paper and shall show all infrastructure constructed. All infrastructure shall be located in the state plane grid coordinates with surface elevations.
(g)
Revision. If revision of the final plat is required by the city council, then the final plat shall not be recorded until the revised final plat has been resubmitted and approved by city staff for compliance with the commission's and the council's requirements, if any, established by the council during its consideration of the preliminary plat.
(h)
Recordation.
(1)
Prior to the recordation of the final plat, one original copy of the final plat shall be submitted to the city for signatures, and
a.
The final plat shall have been approved by the city council pursuant to the provisions of this chapter.
b.
All conditions of final plat approval established by the city council shall have been determined to be complete by city staff.
c.
Construction plans for all required improvements shall have been approved by the city engineer.
d.
Park land fees as required by this chapter, if applicable, shall have been paid.
e.
Performance and maintenance guarantees for all required improvements shall have been established pursuant to this chapter.
f.
Copies of any agreements required providing for the proper and continuous operation, maintenance, and supervision of any facilities that are of common use or benefit which cannot be satisfactorily maintained, or which have been rejected for operation and/or maintenance, by an existing public agency shall be executed.
g.
Written acceptance of all improvements required by this chapter and by the city engineer or, in lieu of acceptance, the developer shall provide assurance of completion of said improvements pursuant to this chapter, shall be received by the city.
h.
Applicable fees pursuant to city ordinance shall be paid.
i.
Notes shall be added to the plat describing any variances approved by the commission.
(2)
City staff shall, upon determination that all provisions of this chapter have been satisfied, and all the above conditions have been met, obtain signatures certifying final plat approval by the chairperson of the commission, and the mayor, as attested to by the city secretary. See appendix C for title and signature block descriptions.
(3)
Once the original final plat has been certified by the chairperson of the commission and the mayor, city staff shall notify the developer that the original final plat is ready for reproduction and recordation.
(4)
The developer shall provide a signed copy of the final plat that has been recorded with the city clerk and recorder's office.
(5)
A complete and accurate representation of the subdivision shall also be submitted in AutoCAD (.dwg) digital format or some other format acceptable to the city planning department. The digital submission shall meet the same standard as the non-digital submission, except that title blocks and signature blocks shall not be required.
(i)
Responsibility. Notwithstanding the approval of any final plat by the council, commission or the city engineer, the developer and the engineer that prepares and submits such plats shall be and remain responsible for the adequacy of the design and nothing in this chapter shall be deemed or construed to relieve or waive the responsibility of the developer or his/her engineer for or with respect to any plat submitted.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-25. - Short form final plats and replats (minor subdivision).#
(a)
Purpose. The provision of adequate data concerning land use, utility requirements, traffic impact, streets, easements and dedications is vital to ensure the continued health, safety and welfare of the city's residents. Recognizing that the significance of this data is reduced for the small scale projects that are most heavily impacted by the burden of producing this data, the city allows alternate procedures for minor subdivisions or resubdivisions, lot splits, and the platting of existing development and of land proposed for site development where public improvements are not required.
(1)
Applicants for subdivisions or resubdivisions creating no more than four new lots may follow the procedure set forth below provided that the subdivision meets all of the following criteria:
a.
The city shall certify that the proposed subdivision meets all the requirements of the short form final plat.
b.
No new public street shall be necessary for each lot to access a public street.
c.
Each of the lots is contiguous with at least one of the other lots in the subdivision for a distance of at least 50 feet.
d.
No off-site improvements to the city's infrastructure are determined to be necessary by the city engineer.
e.
No off-site drainage improvements are determined to be necessary by the city engineer.
(2)
The Director may require the standard final plat procedures outlined in this chapter, if city staff determines that the plat is inconsistent with any element of the master plan, or any established city ordinances, codes or policies.
(b)
Format. The format of the short form final plat shall correspond with the format for final plats as required by this chapter.
(c)
Content. The content of the short form final plat shall correspond with the content for final plats as required by this chapter except that:
(1)
Construction plans shall be required if any on-site improvements are required for development of the property.
(2)
The city may permit omission of any informational requirements that are determined by the city to place an excessive burden on the applicant, including, but not limited to contours, centerlines of existing watercourses, etc.
(3)
The city shall require the following note, when applicable, on the final plat:
"This subdivision is subject to all general notes and restrictions appearing on the plat of ___ ___, Lot(s) ___ ___, recorded at Cabinet ___ ___, Slide ___ of Plat Records of ___ County, Texas".
(d)
Procedure. The procedure for review and approval of a short form final plat shall follow the procedure for final plats, except that:
(1)
The short form final plat may be submitted without approval of a preliminary plat or construction plans provided city staff determines it to be in compliance with the city's master plan and all other regulatory requirements of the city. The plat, prepared by a surveyor and engineer if required, and bearing their seals hall be submitted to the Director for approval before recordation of the plat.
(2)
Legible prints, as indicated on the application form shall be submitted at least 30 days prior to the next regularly scheduled meeting of the commission along with the following:
a.
Completed application forms and the payment of all required fees.
b.
Two copies of the deed restrictions or covenants, if such documents are to be used. These shall be filed for record in conjunction with the filing of the plat.
c.
Certification from all applicable taxing authorities that all taxes due on the property have been paid.
d.
Notification materials as required herein.
e.
A petition requesting annexation, if applicable.
f.
Any attendant documents needed to supplement the information provided on the plat.
(e)
Notification. Notification procedures for a short form final plat shall be the same as those identified for the preliminary plat.
(f)
Approval. The Director may approve minor subdivisions after a review by the city engineer without the necessity of submitting the application for consideration by the city planning and zoning commission or requiring the developer to obtain approval of a preliminary plat if the Director determines he/she cannot or does not desire to approve a subdivision that qualifies as a minor subdivision, the application shall be forwarded to the planning and zoning commission for consideration at the next available meeting after proper notice. A subdivision may be considered a minor subdivision if:
(1)
For an amended plat as described by V.T.C.A., Local Government Code § 212.016;
a.
The plat or replat consists of four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or
b.
For a replat under V.T.C.A., Local Government Code § 212.0145 that does not require the creation of any new street or the extension of municipal facilities.
An approved minor subdivision shall constitute a final plat of said subdivision.
(g)
Revision. The revision process of a short form final plat shall be the same as the revision process described for a final plat.
(h)
Recordation. The recordation procedures of a short form final plat shall be the same as the procedures for a final plat.
(i)
Responsibility. Notwithstanding the approval of any short form final plat by the commission, council or Director, the developer and the engineer that prepares and submits such plats shall be and remain responsible for the adequacy of the design and nothing in this chapter shall be deemed or construed to relieve or waive the responsibility of the developer or his/her engineer for or with respect to any plat submitted.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-26. - Amended plats (minor subdivision).#
(a)
Purpose. An amended plat that meets all of the informational requirements set forth in this chapter may be approved and recorded by the city without vacation of the preceding plat, without a public hearing, and without approval of other lot owners within the platted subdivision provided the applicant signs the plat and application; and that the purpose of the amended plat is:
(1)
To correct an error in any course or distance shown on the preceding plat; or
(2)
To add any course or distance that was omitted on the preceding plat; or
(3)
To correct an error in the description of the real property shown on the preceding plat; or
(4)
To indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or
(5)
To show the proper location or character of any monument which has been changed in location, character, or shown incorrectly on the preceding plat; or
(6)
To correct any other type of scrivener or clerical error or omission as previously approved by the commission and council; such errors and omissions may include, but are not limited to; lot numbers, acreage, street names, and identification of adjacent recorded plats; or
(7)
To correct an error in courses and distances of lot lines between two adjacent lots where lot owners join in the application for an amended plat and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; or
(8)
To relocate a lot line in order to eliminate an inadvertent encroachment of a building or improvement on a lot line or on an easement; or
(9)
To relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the amended plat, provided that such amendment does not attempt to remove recorded covenants or restrictions, or increase the number of lots.
(10)
To make necessary changes to the preceding plat to create four or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat when the changes do not affect the applicable zoning and other regulations of the municipality; the changes do not attempt to amend or remove any covenants or restrictions; and the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or
(11)
To replat one or more lots fronting on an existing, dedicated roadway if the owners of all those lots join in the application for amending the plat; the amendment does not attempt to remove recorded covenants or restrictions; the amendment does not increase the number of lots; and the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
(b)
Format. The format of an amended plat shall be the same as the format for a final plat.
(c)
Content. The content of an amended plat shall be the same as the content requirements for a short form final plat.
(d)
Procedure.
(1)
The amended plat may be submitted without re-approval of a preliminary plat or construction plans. The amended plat, prepared by a surveyor, and engineer if required, and bearing their seals shall be submitted to the city planning department for approval before recordation of the plat.
(2)
Legible prints, as indicated on the application form shall be submitted to the city along with the following:
a.
Completed application forms and the payment of all applicable fees.
b.
Certification from all applicable taxing authorities that all taxes due on the property have been paid.
c.
Any attendant documents needed to supplement the information provided on the plat.
d.
The city shall require the following note on the amended plat:
"This subdivision is subject to all general notes and restrictions appearing on the plat of ___ Lot(s) ___ recorded at Cabinet ___ Slide ___ of the Plat Records of ___ ___ County, Texas."
(e)
Notification. Public notification and public hearings shall not be required for an amended plat.
(f)
Approval. The Director, after review by the city engineer, shall approve any amended plat meeting the requirements of this chapter within 30 days of receipt of a complete submittal. However, if in the city staff's determination, the amended plat does not satisfy this chapter, the city staff may require the plat to be processed in accordance with the final platting procedures of this chapter, as determined by city staff.
(g)
Expiration. The application for an amended plat will have an expiration date two years from the date of application if no progress is made towards completion of the project. The amended plat permit may expire if an extension has not been requested prior to the expiration date. Progress shall include, but is not limited to:
(1)
A good-faith attempt is made to file for an application extension of the project;
(2)
Costs have been incurred for developing the project pursuant to V.T.C.A., Local Government Code ch. 245-005;
(3)
Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; and
(4)
Utility or impact fees for the project have been paid.
(h)
Recordation. Recordation of an amended plat shall follow the same recordation provisions of a final plat.
(i)
Responsibility. Notwithstanding the review of any amended plat by the city engineer, the developer and the engineer that prepares and submits such plats shall be and remain responsible for the adequacy of the design and nothing in this chapter shall be deemed or construed to relieve or waive the responsibility of the developer or his/her engineer for or with respect to any plat submitted.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-27. - Vacation of undeveloped subdivision.#
When no lots on a plat or subdivision have been sold, the developer may request the vacation of the plat prior to the time that the improvements covered by the guarantees are installed, and when such plat is vacated, all fiscal sureties shall be returned to the developer.
(Ord. No. 2026-13, § 1, 4-20-26)